46.90(4)(a)1.1. Any person may report to the county agency or to any state official, including any representative of the office of the long-term care ombudsman under
s. 16.009 (4), that he or she believes that abuse, material abuse or neglect has occurred if the person is aware of facts or circumstances that would lead a reasonable person to believe or suspect that abuse, material abuse or neglect has occurred. The person shall indicate the facts and circumstances of the situation as part of the report.
46.90(4)(a)2.
2. Any person who believes that self-neglect has occurred may report that belief and the facts and circumstances contributing to the belief to the county agency or to any state official, including any representative of the office of the long-term care ombudsman under
s. 16.009 (4).
46.90(4)(b)1.a.a. No person may discharge or otherwise retaliate or discriminate against any person for reporting in good faith under this subsection.
46.90(4)(b)1.b.
b. No person may discharge or otherwise retaliate or discriminate against any person on whose behalf another person has reported in good faith under this subsection.
46.90(4)(b)1.c.
c. Any person who violates this subdivision may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
46.90(4)(b)2.a.a. Any employee of a state agency who is discharged or otherwise discriminated against may file a complaint with the personnel commission under
s. 230.45 (1) (j). In this
subd. 2. a., "agency" has the meaning provided under
s. 111.32 (6) (a).
46.90(4)(b)2.b.
b. Any employee of an employer not described in
subd. 2. a. who is discharged or otherwise discriminated against may file a complaint with the department of workforce development under
s. 106.54 (5).
46.90(4)(b)2.c.
c. Any person not described in this
subd. 2. a. or
b. who is retaliated or discriminated against in violation of
subd. 1. may commence an action in circuit court for damages incurred as a result of the violation.
46.90(4)(c)
(c) No person may be held civilly or criminally liable or be found guilty of unprofessional conduct for reporting in good faith under this subsection.
46.90(4)(d)
(d) If a report under
par. (a) is made to a state official, the state official shall refer the report to the appropriate county agency.
46.90(5)(a)(a) Except as otherwise provided, upon receiving a report of abuse, material abuse, neglect or self-neglect, the county agency shall either investigate the report or refer the report to another agency for investigation. Upon receiving a report of abuse, material abuse, neglect or self-neglect of an elder person who resides in a community-based residential facility or a nursing home licensed under
s. 50.03 or of an elder person who receives services from a home health agency licensed under
s. 50.49 and the person suspected of abusing or neglecting the person is an employee of the home health agency, the county agency may not investigate the report but it shall refer the report within 24 hours after the report is received, excluding Saturdays, Sundays and legal holidays, to the department for investigation. An investigation of a report of abuse, neglect or self-neglect shall be commenced within 24 hours after a report is received, excluding Saturdays, Sundays and legal holidays. An investigation of a report of material abuse shall be commenced within 5 days after a report is received, excluding Saturdays, Sundays and legal holidays. If a report is referred to the department,
pars. (b) to
(g) and
sub. (6) do not apply to the department.
46.90(5)(b)
(b) The scope of the investigation is at the discretion of the investigating agency and may include the following:
46.90(5)(b)3.
3. An interview with the elder person. To the extent practicable, this interview shall be private.
46.90(5)(b)4.
4. An interview with any person who takes care of the elder person.
46.90(5)(c)
(c) If an investigator so requests, a sheriff or police officer shall accompany the investigator during visits to the elder person's residence and shall provide other assistance as needed.
46.90(5)(d)1.1. If any person except the elder person in question interferes with the investigation, the investigator may apply for an order under
ch. 813 prohibiting the interference.
46.90(5)(d)2.
2. The court shall grant the order upon a showing that there is reasonable cause to believe that abuse, material abuse, neglect or self-neglect has occurred and that the interference complained of, if continued, would make it difficult to determine whether abuse, material abuse, neglect or self-neglect has occurred, is occurring or may recur.
46.90(5)(f)
(f) If the investigator has reason to believe that substantial physical harm, irreparable injury or death may occur to an elder person, the investigator shall immediately notify the protective services agency designated under
s. 55.02.
46.90(5)(g)
(g) An elder person may refuse to allow an investigation under this subsection. The investigator shall notify the elder person of this right to refuse before or at the point of commencing an investigation.
46.90(5m)(a)(a) After the investigation is completed, the county agency or the investigating agency shall determine if the elder person or any other individual involved in the alleged abuse, material abuse, neglect or self-neglect is in need of services under this chapter or
ch. 47,
49,
51 or
55.From the appropriation under
s. 20.435 (7) (dh), the department shall allocate to selected counties not less than $25,000 in each fiscal year, and within the limits of these funds and of available state and federal funds and of county funds appropriated to match the state and federal funds, the county agency shall provide the necessary direct services to the elder person or other individual or arrange for the provision of the direct services with other agencies or individuals. Those direct services provided shall be rendered under the least restrictive conditions necessary to achieve their objective.
46.90(5m)(b)
(b) If the county agency designated under
sub. (2) is not the aging unit, the county agency in each county shall consult with and accept advice from the aging unit with respect to the distribution of the funds for direct services that are allocated under
par. (a).
46.90(5m)(c)
(c) An elder person may refuse to accept services unless a guardian authorizes the services. The county agency or other provider agency shall notify the elder person of this right to refuse before providing services.
46.90(6)(a)(a) The county agency or other investigating agency shall prepare a report on each investigation it conducts unless the agency finds, at the conclusion of the investigation, that the report of alleged abuse, material abuse, neglect or self-neglect is without foundation. If an agency other than the county agency conducts the investigation, it shall submit a copy of the investigation report to the county agency.
46.90(6)(b)
(b) Reports of suspected abuse, material abuse, neglect or self-neglect and investigation reports under this section are confidential and may not be released by the county agency or other investigating agency, except under the following circumstances they may be released:
46.90(6)(b)1.
1. To the elder person and any person named in a report who is suspected of abusing or neglecting an elder person. These persons may inspect the report on the investigation, except that information identifying the person who initially reported the suspected abuse, material abuse, neglect or self-neglect may not be released.
46.90(6)(b)2.
2. To the protective services agency notified under
sub. (5) (f). Information obtained under this subdivision shall remain confidential.
46.90(6)(b)3.
3. To an individual, organization or agency designated by the department or as required by law for the purposes of management audits or program monitoring and evaluation. Information obtained under this subdivision shall remain confidential and shall not be used in any way that discloses the names or other identifying information about the individuals involved.
46.90(6)(b)4.
4. For purposes of research if the research project has been approved by the department or the county agency and the researcher has provided assurances that the information will be used only for the purposes for which it was provided to the researcher, the information will not be released to a person not connected with the study under consideration, and the final product of the research will not reveal information that may serve to identify the individuals involved. Such information shall remain confidential. In approving research projects under this subdivision, the department shall impose any additional safeguards needed to prevent unwarranted disclosure of information.
46.90(6)(b)6.
6. To any agency or individual that provides direct services under
sub. (5m). Information obtained under this subdivision shall remain confidential.
46.90(6)(b)7.
7. To the guardian of the elder person or the guardian of any person named in a report who is suspected of abusing or neglecting an elder person. These persons may inspect the report on the investigation, except that information identifying the person who initially reported the suspected abuse, material abuse, neglect or self-neglect may not be released.
46.90(6)(b)8.
8. To law enforcement officials in accordance with the policy developed under
sub. (3) (a).
46.90(6)(c)1.1. Any person, including the state or any political subdivision of the state, violating this subsection shall be liable to any person damaged as a result of the violation for such damages as may be proved, together with exemplary damages of not less than $100 nor more than $500 for each violation and such costs and reasonable actual attorney fees as may be incurred by the person damaged. A custodian of records incurs no liability under this subdivision for the release of records in accordance with this subsection while acting in good faith.
46.90(6)(c)2.
2. In any action brought under
subd. 1. in which the court determines that the violator acted in a manner that was knowing and wilful, the violator shall be liable for such damages as may be proved together with exemplary damages of not less than $500 nor more than $1,000 for each violation, together with costs and reasonable actual attorney fees as may be incurred. It is not a prerequisite to an action under this paragraph that the plaintiff suffer or be threatened with actual damages.
46.90(6)(c)3.
3. An individual may bring an action to enjoin any violation of this subsection or to compel compliance with this subsection, and may in the same action seek damages as provided in this paragraph. The individual may recover costs and reasonable actual attorney fees as may be incurred in the action, if he or she prevails.
46.90(6)(d)
(d) Any person who requests or obtains confidential information under this subsection under false pretenses may be fined not more than $500 or imprisoned not more than one year in the county jail or both.
46.90(6)(e)
(e) Any employee who violates this subsection may be subject to discharge or suspension without pay.
46.90(7)
(7) Exception. Nothing in this section shall be construed to mean that a person is abused, neglected or in need of direct or protective services solely because he or she consistently relies upon treatment by spiritual means through prayer for healing in accordance with his or her religious tradition.
46.90(8)(a)(a) The department shall develop a plan to assist county agencies in determining appropriate responses to reports of abuse, material abuse, neglect or self-neglect.
46.90(8)(b)
(b) The department shall prepare and distribute sample report forms for use by county agencies.
46.90(8)(c)
(c) The department shall collect statistical information from each county pertaining to each reported case of abuse, material abuse, neglect or self-neglect. The department may require investigators to submit statements to the department that summarize the information being reported. These summary statements may not name or otherwise identify individual persons. The department shall use this information to review the effectiveness of this section, to plan program changes and to formulate reports.
46.90(8)(d)
(d) The department shall develop and disseminate information on elder abuse and the elder abuse reporting system under this section. The department shall also develop informational materials to be used by county agencies regarding elder abuse and the elder abuse reporting system. The department shall solicit contributions of labor, materials and expertise from private sources to assist in developing the informational materials.
46.93
46.93
Adolescent pregnancy prevention programs and pregnancy services. 46.93(1)
(1)
Legislative findings. The legislature finds that the 1,100,000 annual unintended or unwanted adolescent pregnancies in the United States, as estimated by the federal national center for health statistics, is a tragic and undesirable consequence of complex societal problems. The legislature recognizes that there is a lack of adequate health care, education, counseling and vocational training for adolescents which may provide positive options to adolescents in the area of pregnancy and parenting. To reduce the incidence, and adverse consequences, of adolescent pregnancy, the legislature finds that adolescent pregnancy prevention programs and pregnancy services are essential to encourage and implement community programs which address the complex societal problems facing adolescents and provide positive options to adolescent pregnancy.
46.93(1m)(a)
(a) "Adolescent" means a person under the age of 18 years.
46.93(1m)(b)
(b) "Board" means the adolescent pregnancy prevention and pregnancy services board under
s. 15.195 (5).
46.93(1m)(c)
(c) "Nonprofit corporation" means a nonstock corporation that is organized under
ch. 181 and that is a nonprofit corporation, as defined in
s. 181.0103 (17).
46.93(1m)(d)
(d) "Organization" means a nonprofit corporation or a public agency which provides or proposes to provide adolescent pregnancy prevention programs or pregnancy services or both.
46.93(1m)(e)
(e) "Public agency" means a county, city, village, town or school district or an agency of this state or of a county, city, village, town or school district.
46.93(2)
(2) Purpose; allocation. From the appropriation under
s. 20.434 (1) (ky), the board shall award not more than $439,300 in each fiscal year for grants to organizations to provide adolescent pregnancy prevention programs or pregnancy services that include health care, education, counseling and vocational training. Types of services and programs that are eligible for grants include all of the following:
46.93(2)(a)
(a) Adolescent health clinics located in schools.
46.93(2)(b)
(b) A statewide communications media campaign to discourage adolescent sexual activity and encourage the assumption of responsibility by adolescents, including male adolescent responsibility, for their sexual activity and for parenting.
46.93(2)(d)
(d) Residential facilities for pregnant adolescents.
46.93(2)(e)
(e) Adult role model programs for adolescents.
46.93(2m)(a)(a) Each organization that receives a grant under this section shall provide matching funds equal to 20% of the grant amount awarded. The match may be in the form of money or in-kind services or both, but any moneys used by an organization toward a match may not include moneys received from the state government.
46.93(2m)(b)
(b) Each grant application shall include proof of the organization's ability to comply with
par. (a). Any proposed match under
par. (a) that includes in-kind services is subject to the approval of the board.
46.93(3)
(3) Staff and salaries. The salaries of the board staff and all actual and necessary operating expenses of the board shall be paid from the appropriation under
s. 20.434 (1) (a).
46.93(3m)
(3m) Limitations on grant award and use. The board in awarding grants under
sub. (2) may not disapprove an application from an applying organization solely because the applying organization has a religious affiliation. The following activities are prohibited under any grant award under
sub. (2):
46.93(3m)(c)
(c) The existence of restrictions, based on religion or absence of religion, on persons applying for or receiving services under the grant.
46.93(3m)(d)
(d) The supplying or promotion of written material that has a religious context.
46.93(4)
(4) Prohibited uses of funds. Funds received by an organization under a grant awarded under this section may not be used for any of the following:
46.93(4)(a)
(a) Purchasing or dispensing contraceptives in adolescent health clinics located in schools.
46.93(4)(c)
(c) Advertising abortion services in a statewide communications media campaign.
46.93 Annotation
The constitutionality of the administration of grant monies by the board is discussed.
76 Atty. Gen. 233.
46.95
46.95
Domestic abuse grants. 46.95(1)
(1)
Definitions. In this section:
46.95(1)(a)
(a) "Domestic abuse" means physical abuse, including a violation of
s. 940.225 (1),
(2) or
(3), or any threat of physical abuse between adult family or adult household members, by a minor family or minor household member against an adult family or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common.
46.95(1)(b)
(b) "Family member" means a spouse, a parent, a child or a person related by blood or adoption to another person.
